Part 2ASelf-contained motor vehicles
Board appoints and regulates certification authorities: Board’s enforcement powers
87PWhen Board may take disciplinary action under section 87Q
This section applies if the Board, after conducting an investigation and considering the submissions made by a self-containment certification authority (if any), is satisfied that the self-containment certification authority—
- has failed without good reason to properly carry out 1 or more of the self-containment certification authority’s core functions:
- has been negligent in carrying out 1 or more of those core functions:
- has been guilty of misconduct in carrying out 1 or more of those core functions.
The Board may take any of the actions referred to in section 87Q(1) if it is satisfied that the self-containment certification authority—
- obtained an appointment as a self-containment certification authority by making a false or misleading representation or declaration (whether oral or written); or
- was not, at the times of its appointment as a self-containment certification authority, entitled to be appointed as a self-containment certification authority; or
- has failed to ensure that a motor vehicle inspection done by a motor vehicle inspector appointed by that self-containment certification authority complied with requirements prescribed by regulations and notices issued by the Board under section 87F; or
- has, without good reason,—
- purported to appoint a motor vehicle inspector without complying with section 87T(1); or
- purported to issue a certificate of self-containment without complying with section 87U; or
- provided a warrant card without complying with section 87X(1)(b).
- purported to appoint a motor vehicle inspector without complying with section 87T(1); or
The Board may take any of the actions referred to in section 87Q(1) if a self-containment certification authority—
- obstructs or prevents the Board from exercising its powers under section 87M(3); or
- fails to comply with a requirement imposed on the self-containment certification authority by the Board under section 87M(4)(a) or (c).
Notes
- Section 87P: inserted, on , by section 48 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).


